Recently removed members of the Utica Township Fire Protection District board made good this week on their promise of legal action. They’re suing the Clark County Commissioners, in hopes they’ll be reseated in time to vote on a proposed fire territory before it’s too late.
Last Wednesday, the commissioners voted unanimously to remove members Joe Jarles, Kelly Khuri and Randy Leverett. It came one day before the board was expected to vote with the Jeffersonville City Council on a fire territory that would levy taxes to pay for fire and EMS service to Jeffersonville, Utica and Utica Township.
In court filings, an attorney for the board members argued the commissioners' action to remove them was done without cause, which they say is required under Indiana code.
“To the contrary, the Commissioners' comments made clear their intent and the basis for their decision to vote for the District Trustees' removal was a preemptive effort to avoid the costs involved in creating the Fire Territory…,” the lawsuit reads, in part.
The ousted members are asking for a preliminary injunction and declaratory judgement.
They also ask that the court alternatively find the removal “was ineffective under applicable law, including due to certain deficiencies in the manner and time of the vote taken by the County Commissioners.”
The commissioners’ meeting was rescheduled to 3:30 p.m. Wednesday, March 12. They were previously scheduled to meet at their regular time Thursday, March 13 at 5 p.m., which would have overlapped with the expected fire territory vote in Jeffersonville.
Clark County Commissioners' President Bryan Glover previously told LPM News the board was confident their decision was made legally.
Washington County Judge Larry Medlock was assigned to the case Thursday and approved the members’ motion for an emergency hearing. The commissioners also requested a change of judge on Thursday, which online court records show had not yet been ruled on as of publication.
If the presiding judge agrees with Jarles, Khuri and Leverett, they’ll have until midnight March 31 to vote on the fire territory before that chance statutorily expires for the year.
Medlock has presided over the criminal case of former Clark County Sheriff Jamey Noel, and other cases related to that extensive investigation. Noel is currently in prison after pleading guilty to more than two dozen felonies last year, including theft from the Utica Township Volunteer Firefighters Association, also known as New Chapel EMS.
New Chapel previously provided EMS service to all of Clark and most of Floyd County. Noel also oversaw fire service to some areas, including Utica.
Changing landscape of emergency services
The territory would bolster fire service in Jeffersonville and strengthen its service to Utica and Utica Township. It would also include EMS, although Clark County currently contracts with Heartland Ambulance Service to cover municipalities.
Initial movement on the proposal started last year, as Noel’s investigation prompted officials across Southern Indiana to reconsider emergency services.
But the plan as written has drawn criticism from some officials, including in neighboring Charlestown and Clarksville. They say the territory would mean big cuts to their tax revenue and impact operations. Leaders have also questioned the size of the fire territory budget and why it needs to include EMS.
Jeffersonville has been providing emergency service support to the Utica area under an interlocal agreement since last August. That partnership came after the Utica board terminated a contract for fire services and ended a facilities use agreement. The recently removed board members were appointed amid the investigation of Noel.
The lawsuit also says if the fire territory isn’t passed in the coming days, it will leave the Utica area without necessary emergency services.
The current interlocal agreement with Jeffersonville expires at the end of the year and according to the lawsuit, is conditional upon creation of a fire territory.
Jeffersonville City Council member Dustin White said the council is expected to take a final vote on an ordinance to create the territory at a special meeting March 27. The Utica fire board members, if they’re reseated, could vote separately on their resolution before the April 1 deadline.
Jarles, who was president of the Utica board before his removal by the commissioners last week, has said Noel’s actions have left the district in debt and without the funds to pay for adequate fire service on its own.
Separate attorneys representing the Utica Township Fire Protection District itself filed a motion to intervene in the case this week, writing that the outcome of the lawsuit will impact other pending litigation the board has against Noel, his family and others, including New Chapel.
Coverage of Southern Indiana is funded, in part, by Samtec Inc., the Hazel & Walter T. Bales Foundation, and the Caesars Foundation of Floyd County.
